Robarts v Antoni NO and Others

The appellant, Michael Robarts, was the heir to an immovable property in Bantry Bay owned by his late father’s estate. The respondents were trustees of the Stefan Antoni Family Trust, which owned the adjoining property. During 2012, disputes arose about Robarts’ redevelopment of his property and its impact on the respondents’ sea views. After negotiations and a meeting on 25 July 2012, the respondents agreed not to oppose Robarts’ zoning scheme departures and title deed amendments. They alleged that, in exchange, Robarts agreed to grant height servitudes over his property in favour of the trust property. Numerous draft agreements were exchanged, but no single document was signed by both parties at the same time. Antoni later signed Robarts’ draft agreement in January 2013, under pressure caused by the sale of the trust property, and sought to compel Robarts to register the height servitudes. Robarts denied that any binding oral or written agreement existed and refused to cooperate.

The appeal was upheld. The order of the Western Cape High Court was set aside and replaced with an order dismissing the application. The respondents were ordered to pay the appellant’s costs, including the costs of two counsel and wasted costs.

The case confirms that praedial servitudes are interests in land and that agreements granting them in exchange for other land-use concessions fall within the scope of s 2(1) of the Alienation of Land Act. It underscores the strict requirement of a written, signed agreement for the valid alienation or exchange of interests in land and clarifies the contractual principles governing offer, counter-offer, and lapse in property-related negotiations.